Can You Avoid Jail Time on a Second DUI?

DUI, defined by Florida Statute 316.193 as drinking and driving while impaired, is a serious criminal offense. In Florida, driving with a blood alcohol content above .08% qualifies as driving under the influence. You can be arrested and charged and can potentially face jail time as one of the consequences.

However, many people facing DUI charges are able to avoid jail time. For a second DUI, this is especially true. Judges don’t usually hand out serious jail sentences to second offenders who weren’t dangerously drunk or endangering anyone with their actions.

If you have been charged with a second DUI, and you are worried you may be facing jail time if you are convicted, contact The Ticket Lawyers today. An attorney from our firm will explain the charges against you and how we can help. We have a plethora of experience dealing with DUI charges just like yours and can provide the best available legal advice for your case.

Call The Ticket Lawyers now at (866)-985-7740.

How Much Jail Time Can You Get for a Second DUI?

The amount of jail time available for a second DUI charge will vary depending on the circumstances. According to the State of Florida, second DUI defendants can face:

• 10-days of mandatory jail time if the second DUI occurred within five years of the first.
• Up to nine months of jail time if the defendant measured .08 on a breathalyzer or blood test.
• Up to one year of jail time if the defendant measured .15 or above on a breathalyzer or blood test.
• Up to one year of jail time if there was a minor in the defendant’s car at the time of the DUI arrest, no matter the BAC.
• Up to one year of jail time if the DUI resulted in minor injuries for anyone involved.
• Up to five years of jail time if the DUI resulted in significant injuries or death for anyone involved.

If your second DUI is serious, you may face jail time. However, judges rarely hand out lengthy jail sentences to second DUI offenders who weren’t dangerously drunk, had a minor in their vehicle, or caused injury as a result of their driving.

If you’re worried about the potential penalties of your second DUI, contact The Ticket Lawyers today to schedule a free consultation and find out how we can pursue an excellent legal defense on your behalf.

Is Jail Time Mandatory for a Second DUI?

If your second DUI occurred within five years of your first DUI conviction, you would have to serve a mandatory 10-day jail sentence. The 10 days does not have to be served consecutively.

If the second DUI did not happen within five years of the first, there is no mandatory jail sentence. This is known as the “lookback period” and will determine many of the punishments that are available to the judge presiding over your case.

Beyond that, the potential penalties listed above are not mandatory. There are maximum jail sentences for a second DUI, but no minimum. It is entirely possible to avoid jail time for a second DUI. However, other penalties may be unavoidable if the court convicts you of DUI for a second time.

What Other Penalties Are There for a Second DUI?

Aside from possible jail time, there are several other penalties available for a second DUI. These could be:

• Fines from $1,000 to $2,000.
• Fines from $2,000 to $4,000 if the driver’s BAC was .15 or above.
• Fines from $2,000 to $4,000 if there was a minor in the vehicle at the time of the arrest, regardless of BAC.
• License suspension for six months to one year if the second DUI occurred more than five years after the first.
• License suspension for five years if the second DUI occurred within five years of the first.
• Vehicle impoundment for 30 days if the second DUI occurred within five years of the first.
• Installation of an ignition interlock device if the defendant is granted a hardship license or has completed the terms of their probation.

Even if you can avoid jail time, you may face serious consequences that can restrict your freedom and affect your finances. Contact The Ticket Lawyers today to see how we can help you evade the other penalties of a second offense DUI.

Is a Second DUI a Felony?

Most DUI cases are classed as misdemeanors, including second offenses. Even if your second offense was committed within five years of the first, you would still be charged with a misdemeanor in the first degree. Misdemeanors are crimes that carry a maximum jail sentence of 1 year.

However, if your DUI resulted in serious bodily injury or death, you will be charged with a felony. You can face up to five years in prison if you are convicted of this type of charge.

Can You Get a Second DUI Dismissed?

A criminal defense attorney can pursue your defense in several ways. This includes contesting the evidence against you. The arresting officers have an obligation to provide legal obtained and relevant evidence of your inebriation while driving. If the evidence is faulty, has been mishandled, illegally obtained, or irrelevant, the charges against you can be dropped.

Some of the ways The Ticket Lawyers can defend your case include:

• Attacking the basis of the traffic stop – Police must have had probable cause to initiate the traffic stop that resulted in your DUI arrest. If there is no evidence of a legitimate reason pull you over, any evidence of drunkenness after the fact can be dismissed.
• Disputing the results of field sobriety tests – Police must follow strict protocol when having you perform field sobriety tests. If we can prove they didn’t follow procedure or that the results of field sobriety tests were false, then any proof of DUI becomes illegitimate.
• Contesting the legitimacy of blood, urine, or chemical tests – These tests are usually extremely accurate, and their results are very hard to argue. However, police must follow strict protocols whilst conducting the blood and urine exams. If we can prove they broke protocol, the results of chemical tests can be voided.
• Proving officer’s observations were incorrect or falsely recorded – Police must record their observations that led to the traffic stop and the DUI arrest. If we can prove that the observations were false, inconsistent, or sloppily recorded, then we can have them thrown out.

These are just a few of the ways we can defend you. Every case is different and will require a unique approach to the specific evidence the prosecution will use against you. Contact The Ticket Lawyers today to find out exactly how we can try to get your DUI case dismissed.

What Percentage of DUI Cases Get Dismissed?

The State of Florida does not compile statistics on the number of DUI cases that get dismissed. However, many cities in Florida do.

The Orlando metro-area sees nearly 40% of DUI cases reduced to reckless driving charges or dismissed outright. Reckless driving is a preferable outcome to a DUI conviction. The penalties are less severe, and there is no potential for jail time.

If you live in another city or county in Florida, the chances of your DUI case being dismissed may be different. Consult a defense attorney from The Ticket Lawyers today to find out how likely it is to have your second offense DUI charge thrown out.

Contact The Ticket Lawyers Today!

Have you been charged with a 2nd DUI in the State of Florida? Are you afraid of possible jail time if you are convicted of the charges?

Contact The Ticket Lawyers today to schedule a free consultation with a criminal defense attorney from our firm. We can provide a realistic examination of the charges against you and explain how we will go about preparing your defense. Our goal is to help you avoid jail at all costs and have the other penalties reduced as well. If we can get your case dismissed, we will.

Don’t wait to call our 24/7 DUI hotline now.

Contact The Ticket Lawyers today at (866)-985-7740.